Big Fish End User License Agreement (EULA)

IMPORTANT-READ CAREFULLY:

This Big Fish Games, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Big Fish Games, Inc. ("Big Fish Games") for the Big Fish Games software accompanying this EULA and any additional software downloaded and installed by the Big Fish Games software, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("SOFTWARE"). By exercising your rights to use the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

GRANT OF LICENSE

This EULA grants you the following rights:

Installation and Use. You may install and use a copy of the SOFTWARE on a single computer. Optionally you may store or install the SOFTWARE on a storage device, such as a network server, to run the SOFTWARE on your computer or your other computers; however the same license may not be shared or used concurrently on different computers or servers. Sufficient licenses must be acquired for each shared or concurrently used SOFTWARE.

Reproduction and Distribution. You may not reproduce or distribute the SOFTWARE except to make backup copies, or to install as provided for above.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE, and the recipient agrees to the terms of this EULA.

Termination. Without prejudice to any other rights, Big Fish Games may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all component parts.

COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Big Fish Games or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.

LIMITED WARRANTY

NO WARRANTIES. Big Fish Games expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Big Fish Games or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if Big Fish Games has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

MISCELLANEOUS

If you acquired the SOFTWARE in the United States, this EULA is governed by the laws of the State of Washington.

If you acquired the SOFTWARE outside the United States, then local laws may apply.